HomeMy WebLinkAbout04-268.~~ O~ S UP,~+ •••
•. p .
. Q''. •
a • ~~r
*' ~~ *= BOARD OF SUPERVISORS
• ,'~' -
•,:`Q'w+'
's~'':•
~ COUNTY OF BUTTE, STATE OF CALIFORNIA
,
•
•. 7-j,•..
.•• t~ .
•. ~ ••~•....~•• ~.~
'~
'
3
~
~
Resolution No. 04-268
1•~~
OU1
~;
1
RESOLUTION ESTABLISHING SERVICE CHARGES FOR PROPOSED
COUNTY SERVICE AREA RED HAWK RANCH
WHEREAS, pursuant to Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code
of the State of California, commencing with Section 25210.1, the Butte County Board of
Supervisors has petitioned to the Local Agency Formation Commission for the formation of
County Service Area for Red Hawk Ranch Subdivision; and
WHEREAS, the type of extended services to be provided are maintenance of storm drain
facilities, fire protection and street lighting far the conditionally approved 7-lot subdivision; and
WHEREAS, the Butte County Board of Supervisors conducted a Property Owner Ballot
Proceeding and Public Hearing regarding the establishment of service charges to be collected for
the services to be provided by this County Service Area on December 14, 2004. At that time
they confirmed there was no majority protest, determined that the ballot cast was a majority in
favor of establishing the proposed maximum service charges set forth therein.
NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AS FOLLOWS:
1. Subject to approval of the formation of said County Service Area by LAFCo, in
accordance with the provisions of Government Code Section 25210.77a and Butte County Code
Sections 21.85 through 21.90, apes-parcel service charge shall be levied against all the parcels
within County Service Area for Red Hawk Ranch Subdivision. The initial charge for FY
2004/2005 in the amount of $3,512.00 and for subsequent years a maximum annual service
charge of $501.72 pcr parcel of real property is adopted by the Board of Supervisors. Each
parcel shall be assessed an individual service charge based upon benefit. Said charge shall
appear as a separate item on the tax bill and shall be collected at the same time and in the same
manner as ordinary County ad valorem taxes are collected and shall be subject to the same
penalties and same procedure and sale in the ease of delinquency as provided for such taxes. All
laws applicable to the levy, collection and enforcement of County ad valorem taxes are collected
and shall be subject to the same penalties and the same procedure and sale in the case of
delinquency as provided for such taxes. All laws applicable to the levy, collection and
enforcement of County ad valorem taxes shall be applicable to such charge, except that if real
property to which such charge relates has been transferred or conveyed to a bona fide purchaser
for value, or if a lien of a bona fide encumbrancer, for value has been created and attached
thereon, prior to the date on which the first installment of said taxes would become delinquent,
then the charge confirmed shall not result in a lien against said real property but instead shall be
transferred to the unsecured roll for collection.
2. As to those increased charges, which are approved, the Board directs the Auditor to place
the charges on the Fiscal Year 2005/2006 and subsequent tax bills. Provided, however, that if
the final budget adopted for the County Service Area is less than the proposed budget upon
which the charges were based or the fund carryover is greater, then the Auditor is directed to
make a corresponding reduction in the service charges to be placed an the tax bills.
3. It is found that each of the fees imposed by this Resolution: do not exceed the cost of the
services to be provided in the County Service Area; are to be used only for the purpose of
providing the extended services in County Service Area; do not exceed the proportional cost of
the extended services to be provided to each affected parcel of real property; and are for
extended services which are used by or immediately available to the owner of each such affected
parcel of real property,
4. Said County Service Area is formed for all purposes subject only to compliance with the
Requirements of Chapter 8 (commencing with Section 54900}, Part I, Division II, Title V of the
Government Code and subject to the provisions of Article 2.5 (commencing with Section
25210.2 i), Chapter 2.2, Part II, Division II, Title III of the Government Cade of the State of
California.
5. The Clerk of the Board is authorized and directed to file a certified copy of the
Resolution with the Executive Officer of the Local Agency Formation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14`~ day of December, 2004, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
Nola: None
ABSENT: None
ABSTAINS: None
R. J. HEELER, Chairman of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
/ f
De ut
Page2of2